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Bharatiya Nyaya Sanhita, 2023 Chapter III · General Exceptions
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Bharatiya Nyaya Sanhita, 2023 — Section 22

Act of a Person of Unsound Mind

Section 22 exempts a person from criminal responsibility where, at the time of doing the act, that person, by reason of unsoundness of mind, was incapable of knowing either the nature of the act, or that what he was doing was wrong or contrary to law.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 22 is marked Exact correspondence:

BNS 22CoversIPC, 1860 equivalentCategory
22Act of a person of unsound mindS.84 (word-for-word identical rule)Exact

Comparing the bare text directly, BNS Section 22 reproduces old IPC Section 84 without any change whatsoever, down to the exact wording. This is the codified version of what is commonly known internationally as the M'Naghten rule for legal insanity.

Quick Reference

Section 22 is a General Exception — the insanity defence, not itself a stand-alone offence. It carries no BNSS First Schedule entry and no cognizable/bailable/compoundable/triable-court classification of its own; it operates as a complete defence to whatever charge the act might otherwise attract, though a finding under this section typically triggers separate procedural consequences under the BNSS (such as safe custody or treatment) rather than an ordinary acquittal.

What it requires: at the time of the act, by reason of unsoundness of mind, the person was incapable of knowing either (i) the nature of the act itself, or (ii) that the act was wrong or contrary to law.
Effect where it applies: the act done is not an offence at all.

Statutory Text (Verbatim)

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The cognitive test for legal insanity

Explanation (Lexovia's Commentary)

This section provides the legal test for what is commonly called the insanity defence, and it is narrower than the everyday or medical understanding of mental illness. Unsoundness of mind, on its own, is not enough; the section requires that, at the time of the act, the unsoundness of mind actually rendered the person incapable of one of two specific things — either knowing the nature of the act itself (for instance, not understanding that a knife thrust would kill, rather than believing it was some other, harmless act), or knowing that the act was wrong or contrary to law (understanding what was physically being done, but being incapable, due to the mental condition, of appreciating that it was wrong). A person who suffers from a genuine mental illness but who nonetheless understood what they were doing and knew it was wrong does not qualify for this exemption, however serious the underlying condition. The focus throughout is on the person's cognitive capacity at the precise time of the act, not on a diagnosis in the abstract or the person's mental state before or after.

Illustration (Lexovia's Own Example)
A person suffering from a severe, long-standing delusional disorder genuinely believes, at the time, that he is squeezing a lemon rather than strangling his neighbour, due to a delusion caused by his condition. Medical evidence confirms that, because of his unsoundness of mind, he was at that moment incapable of understanding the true physical nature of what he was doing. Because his unsoundness of mind left him incapable of knowing the nature of the act itself, Section 22 exempts him from criminal responsibility, even though the neighbour in fact died — in contrast to a person who understood perfectly well that he was strangling someone but suffered from a different condition that did not affect this specific cognitive capacity, who would not qualify.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 22 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Rupesh Manger (Thapa) v. State of Sikkim, [2023] 12 S.C.R. 578 : 2023 INSC 826 (Supreme Court of India, Criminal Appeal Nos. 2069-2070 of 2022, decided 13 September 2023, J.B. Pardiwala & Prashant Kumar Mishra, JJ.)

Quoted Paragraph (Verbatim)
Para No. 22
“22. … an accused who seeks exoneration from liability of an act under Section 84 of IPC has to prove legal insanity and not medical insanity. Since the term insanity or unsoundness of mind has not been defined in the Penal Code, it carries different meaning in different contexts and describes varying degrees of mental disorder. A distinction is to be made between legal insanity and medical insanity. The court is concerned with legal insanity and not with medical insanity.”
What This Judgment Means (Lexovia's Commentary)

The accused, who had a documented history of acute psychotic disorder, attacked and killed his grandfather with a sharp-edged weapon. The trial court acquitted him on the ground of insanity; the High Court reversed that acquittal and convicted him. The Supreme Court restored the acquittal, holding that what Section 22 (old IPC Section 84) requires is legal insanity — an incapacity, at the time of the act, to know the nature of the act or that it was wrong or contrary to law — not merely a medically diagnosed psychiatric condition. The Court also reaffirmed that the accused's burden in raising this defence is only to the civil standard of preponderance of probabilities, not proof beyond reasonable doubt, and that even a partial, reasonable-doubt-raising showing can be enough if it undermines the prosecution's own proof of mens rea.

Currency check: decided September 2023, applying long-settled Supreme Court authority (Dahyabhai Chhaganbhai Thakker v. State of Gujarat and later cases) on the legal-versus-medical-insanity distinction and the burden of proof; no overruling found in this review.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Does any diagnosed mental illness qualify for this exemption?

No. The mental condition must have actually rendered the person, at the time of the act, incapable of knowing the nature of the act or that it was wrong or contrary to law. A diagnosed condition that did not affect this specific capacity does not qualify.

Does this section look at the person's mental state generally, or at the time of the act specifically?

Specifically at the time of doing the act. The focus is the person's cognitive capacity at that precise moment, not a general diagnosis or the person's condition before or after.

What is the practical effect if this section applies?

The act is not an offence at all, though separate procedural consequences under the Bharatiya Nagarik Suraksha Sanhita, such as safe custody or treatment, typically follow a finding under this section, rather than an ordinary, unconditional acquittal.

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